Petal Gas Storage, L. L. C.
Original Volume No. 1
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Effective Date: 06/01/2002, Docket: RP02-332-000, Status: Effective
First Revised Sheet No. 218 First Revised Sheet No. 218 : Effective
FORM OF ADVANCING SERVICE AGREEMENT (Continued)
ARTICLE XI - LAW OF AGREEMENT
THE INTERPRETATION AND PERFORMANCE OF THIS AGREEMENT SHALL BE IN ACCORDANCE WITH AND
CONTROLLED BY THE LAWS OF THE STATE OF MISSISSIPPI, WITHOUT REGARD TO DOCTRINES
GOVERNING CHOICE OF LAW.
ARTICLE XII - MISCELLANEOUS
1. No change, modification or alteration of this Agreement shall be or become
effective until executed in writing by the parties hereto, and no course of
dealing between the parties shall be construed to alter the terms hereof, except
as expressly stated herein.
2. No waiver by any party of any one or more defaults by the other in the
performance of any provisions of the Agreement shall operate or be construed as
a waiver of any other default or defaults, whether of a like or of a different
3. Petal and Customer shall proceed with due diligence to obtain such governmental
and other regulatory authorizations as may be required for the rendition of the
services contemplated herein, provided that Petal reserves the right to file and
prosecute applications for such authorizations, any supplements or amendments
thereto and, if necessary, any court review, in such manner as it deems to be in
its best interest, including the right to withdraw the application or to file
pleadings and motions (including motions for dismissal).
4. This Agreement and the respective obligations of the parties hereunder are
subject to all present and future valid laws, orders, rules, and regulations of
constituted authorities having jurisdiction over the parties, their functions or
gas supply, this Agreement or any provision hereof. Neither party shall be held
in default for failure to perform hereunder if such failure is due to compliance
with laws, orders, rules or regulations of any such duly constituted
5. If any provision of this Agreement is declared null and void, or voidable, by a
court of competent jurisdiction, then that provision will be considered
severable at either party's option; and if the severability option is exercised,
the remaining provisions of the Agreement shall remain in full force and effect.